In 2017, Delaware resident Willie Gilder applied for a job at Bank of America. He received an offer that was contingent on satisfactory completion of a background check. They submitted his fingerprints to the FBI’s Criminal Justice Information Services Division, which reported that he had a dismissed charge for dealing cocaine. It stated, “No disposition information is on file for this arrest custody.”

Bank of America sent two letters to Gilder. The first contained the criminal history report and stated that he “may be denied a position with Bank of America based on information obtained from the FBI and/or possible additional court research.” The second letter outright told Gilder that he was being denied employment based upon the conviction for dealing cocaine… even though the report from the FBI stated that the charge was dismissed. Gilder also later provided them with further proof that the charge was dismissed. And yet, Gilder says that Bank of America believed that he was convicted on that charge. 

So, where does race come into play? The background check disproportionately affects African Americans because the criminal justice system disproportionately affects African Americans. The way they conducted their background checks carried over disparities in the system. They ruled him out after getting whiff of a charge that he legally cannot be judged for. What’s more, employers should not use an arrest as a reason not to hire someone, as an arrest doesn’t prove someone committed a crime. People are falsely arrested all the time at no fault of their own. 

The complaint alleges that Bank of America “intentionally and wrongfully rescinded his employment offer.” The proposed lawsuit was filed for “violations of Title VII of the Civil Rights Act of 1964 as a result of discriminatory background check policy and practice,” and was filed on behalf of Gilder and other African Americans who had job offers pulled because of Bank of America’s screening policies. 

If you’re sick of running into rejection every time you find a job for which you know you’re qualified, it, unfortunately, may be due to a past run-in with the law. Easy Expunctions offers free background checks so that we can discover if you’re eligible to get an expunction or order of non-disclosure. Reach out to us today to get the ball rolling: (877) 751-4594.